53-2a-219. Religious practice during a state of emergency.
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Effective 5/5/2021
53-2a-219. Religious practice during a state of emergency.
(1)During a state of emergency declared as described in this chapter:
(a)the governor or chief executive officer of a political subdivision may not impose a restriction on a religious gathering that is more restrictive than a restriction on any other relevantly similar gathering; and
(b)an individual, while acting or purporting to act within the course and scope of the individual's official government capacity, may not:
(i)prevent a religious gathering that is held in a manner consistent with any order or restriction issued pursuant to this part; or
(ii)impose a penalty for a previous religious gathering that was held in a manner consistent with any order or restriction issued pursuant to this part.
(2)Upon proper grounds, a court of competent jurisdiction may grant an injunction to prevent the violation of this section.
(3)During a state of emergency declared as described in this title, the governor or the chief executive of a political subdivision shall not issue an executive order or impose or implement a regulation that substantially burdens an individual's exercise of religion unless the governor or chief executive officer of the political subdivision demonstrates that the application of the burden to the individual:
(a)is in furtherance of a compelling government interest; and
(b)is the least restrictive means of furthering that compelling government interest.
(4)Notwithstanding Subsections
(1)and
(3), an executive order shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite.
Enacted by Chapter 437 , 2021 General Session